
From a legal perspective, does it even matter if he harassed her? Is her just saying
she felt uncomfortable (even in hindsight) enough to say he can’t then “retaliate”? I’m asking because I don’t understand if any of this matters. |
BL and JB are both so messy. I’m embarrassed for them that this is all being fought so publicly. Neither of them come off as very sympathetic to me. They need to go do private mediation and take a break from the spotlight. |
Nope. Team Baldoni all the way. |
The problem is in one of the examples, the dance scene, she is laughing and smiling at him and does not appear upset about the "boundaries." She came up with that objection later. Unfortunately for her the footage shows the opposite of what she claims. I can't wait to see what else Baldoni releases. |
Hers is shorter and what she says is accurate except that he doesn't say "it smells so good." He just says "it smells good." His is longer and has some true context based on the footage, some things it's impossible to verify by viewing the footage (like what was discussed between Baldoni and Heath between takes). However, his complaint also has some factual inaccuracies or is intentionally misleading. For instance, Lively does not "apologize for the smell of her spray tan and body makeup." She is responding to his comment that he is probably getting his beard all over her, by saying she's probably getting her spray tan all over him. She doesn't mention the smell. Only he does. Also, he gets the order of things wrong, indicating the conversation about his nose happens after the comment about her body make up. But it happens before. And the way his complaint frames the issue of whether or not the scene was filmed with sounds seems inaccurate to me. Yes obviously we can see he was mic'ed in the scene and sound was captured. But it is clear that they were not recording audio for purposes of using it in the movie -- they explain in the footage that the dancing will be slo-mo and Lively and Baldoni even comment to each other that "no one will know" what they are saying if they are seen onscreen talking to each other. I took the emphasis on lack of audio in her complaint to highlight that Baldoni does not make the "it smells good" comment in character as part of the scene, but as something he is saying to Lively personally, not as his character. I think by saying less, her complaint is more accurate than his. I'm on the fence as to whether this incident could contribute to a hostile work environment. It depends on what else happened, how often and in what way Lively complained, how Wayfarer responded, etc. This is really a quick snapshot, not the whole picture. |
So I’m not fully up on the case law, but in general, no, the underlying harassment claim does not have to be proven in order to give rise to a retaliation claim. The point of retaliation protections is to ensure that people are not dissuaded or punished for complaints. That said, the timeline and other motivations do matter, as does a real absence of merit in her underlying complaint. I started out with the opinion that the retaliation case is very strong - in general it is really hard for anyone not to retaliate somewhat after being the subject of a complaint, and there are myriad cases where the complaint was weak but the retaliation was strong. But now it looks a LOT more muddy to me. In particular it looks like the underlying complaint might be wholly unreasonable. And Baldoni’s actions were reacting against her undermining him, not the complaint. |
She was the one who made it messy … |
Nah. She went to the NYT. He’s going to wind up humiliating Lively and Reynolds, is my guess — and the twist is this would never have crossed Baldoni’s mind but for their attacks. Oh well! |
In the footage he released, he makes the "it smells good" comment and you can see her visibly bothered by it, plus she says something to that effect. That's the "objection" you are talking about and it absolutely like she made it in real time as it happened, not later. I took the laughing/smiling she does in the scene as to be largely her acting the scene for the camera. The camera is rolling the entire time she's on screen, so I don't think you can assume she's laughing or smiling because she genuinely likes him or his having a good time. It's her job in that moment to look like she's falling in love with him. I still don't know that this would constitute harassment, it depends on what else happened. But the footage actually does show almost exactly what she describes in her complaint when she talks about this scene. I personally think it's sketchy to be releasing this stuff piecemeal like this. I also think the judge is going to shut it down pretty quick because it's very obvious Baldoni's attorney is trying to use this stuff to sway public opinion (and taint the jury pool). |
he’s allowed to sway public opinion … |
He hired a PR firm to astroturf negative stuff about her online long before that NYT piece came out. There may be questions about whether his PR attack last summer was successful or whether her own behavior undermined her so much that they didn't need to proceed with the PR. But the texts show that he hired them to trash her online. So, uh, it crossed his mind. |
Not if they are engaged in ongoing litigation and the goal is to try and win the case in the press so that the other side never gets a fair shake in court. Judges don't like it when you do that. |
He is also messy AF. I agree with the PP -- they should be handling this in private mediation. They are both major drama queens and keep escalating it on both sides. They both strike me as people who are incapable of admitting when they are wrong. |
This. No one really knew him before, sure some did from the tv show and his podcast, but he is not well known. Blake and Ryan will be humiliated and the hit to their egos will be devastating for them. |
I'm curious how people think they are going to be humiliated or destroyed or whatever. Ryan, in particular, is going to be totally unscathed. At worst, he will be seen as sticking up for his wife. I've seen this before, actually, with an overzealous husband going after someone he thought wronged his wife -- people eat it up. It will play right into Ryan's existing public persona. I think he's in zero danger. With Lively I'll be curious how this whole thing impacts the release of A Simple Favor 2. It doesn't have a release date yet and they claim that fact is unrelated to what's going on with Lively in the press but I doubt they are ignoring. But I think if we ultimately see Lively palling around with Anna Kendrick at the premiere of that movie, she'll probably escape pretty unimpacted. Who knows, maybe interest in this thing with Baldoni will boost interest in that movie -- It Ends With Us probably benefited from the controversy a bit. Even if Lively winds up being someone people "love to hate," it could work out for her. I think Baldoni has way more to lose than anyone else involved here. Like you said, he was a no one before this. If I had to bet, he'll wind up defined by this controversy. Regardless of the truth, I think he probably should have played along and gotten through it. Then he'd just be that guy who was in that one movie with Blake Lively and hey, didn't he direct it too? That would be a much better situation for him. |